Ram Pravesh Singh v. Ramakant Jha And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7742 of 2015 ====================================================== Ram Pravesh Singh .... .... Petitioner/s

Versus

Ramakant Jha & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Chandra Verma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 01-04-2016 Heard learned counsel, Mr. Naresh Chandra Verma, for the petitioner.

By the order dated 23.05.2014 the learned Subordinate Judge-I, Begusarai rejected the application filed by the petitioner under Order I Rule 10 of the Code of Civil Procedure for being added as party defendant in Title Suit No.252 of 2005 clearly recording a finding that the suit is at the stage of final argument. In view of the above fact that the suit is at the argument stage, if the application of the intervener petitioner is allowed then there will be de novo trial which will greatly prejudice the plaintiff and defendants. It appears that the court below has granted liberty to the petitioner to file separate suit.

In view of the above facts and circumstances, in my opinion, the petitioner is not prejudiced by the impugned order nor

Patna High Court CWJC No.7742 of 2015 (2) dt.01-04-2016 2/2 it occasioned failure of justice. Therefore, this writ application is dismissed.

(Mungeshwar Sahoo, J) Mishra/- U